SGN C.S.H.B. 1427 75(R)BILL ANALYSIS CORRECTIONS C.S.H.B. 1427 By: Hightower 4-16-97 Committee Report (Substituted) BACKGROUND Two years ago, the Board of Criminal Justice instituted a tobacco-free work place on properties under their jurisdiction. As a result, tobacco, tobacco products and related items, such as lighters, flints, cans, etc. are now treated as contraband. Smoking, tobacco and tobacco products are neither illegal, immoral, or unlawful where correctional employees, as citizens first and TDCJ Employees second, are concerned. Other state employees have the ability to go outside of their office building and use the tobacco product of their choice. PURPOSE H.B. 1427 allows the Department of Criminal Justice to provide areas where tobacco products can be used. The bill calls for these areas to be established where any person who does not use these products is not physically affected by the designated location. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority granted to the Texas Board of Criminal Justice is referenced in SECTION 1, Sec. 494.010, Government Code and SECTION 2. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 494, Government Code by adding Section 494.010 as follows: Sec. 494.010. EMPLOYEES' POSSESSION AND USE OF TOBACCO PRODUCTS. Provides that a rule adopted by the Board of Criminal Justice regulating the possession and use of tobacco products by department employees must provide that employees of the department be permitted to use tobacco products during work hours at times and locations designated by the board. Requires the board to designate locations that: (1) are at a sufficient distance to ensure that non-tobacco users are not physically affected by the use of the tobacco product in such location. (2) do not negatively affect the comfort or safety of any employee or inmate. SECTION 2. Requires that the Board of Criminal Justice amend any rule regulating the possession and use of a tobacco product no later than 90 days after the effective date of this Act. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute provides that employees of the department, not institutional division only, be permitted to use tobacco products during work hours at times and locations designated by the board. The substitute also provides that the designated location does not negatively affect the comfort or safety or any employee or inmate.